Case Timeline
Application Date: Date not provided
Hearing Date: November 14, 2023
Order Issued: November 30, 2023
Termination Date: June 30, 2022
Eviction Deadline: June 30, 2022
Case Overview
Case Number: LTB-T-043107-23
Address: 2, 28 Southend Cr, Chatham Ontario N7M4X8
Form Used: N12
Served By: Landlords
Amount Awarded: $2587.00
Decision In Favor: Tenants
Application Type: T5 Application - Allegation of bad faith termination
RTA Sections: Section 57(1)(a), Section 57(5), Section 57(6)
Parties Involved
Landlord: Rafiq Bhabha, Richard Cosby, Aneesa Bhabha
Landlord Rep: Rafiq Bhabha
Tenant: Shawn Houweling, Nicole Anderson
Tenant Rep: Self Represented
Adjudicator: Not specified
Keywords: bad faith, N12 notice, termination, eviction, compensation
Decision Summary
Tenants' application successful.
Landlords to pay compensation and costs to Tenants.
Dispute Summary
Tenants allege bad faith in the issuance of N12 notice.
Landlords claimed personal use but engaged in other actions suggesting bad faith.
Findings & Determinations
Tenants proved bad faith on balance of probabilities.
No evidence presented by Landlords to rebut the presumption of bad faith.
Summary Points
Landlords served an N12 notice claiming need for personal use.
Tenants vacated but Landlords did not use the unit as claimed.
Property listed for sale within a year of tenants vacating.
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